GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale are entered into by and between

AIR EVASION BIARRITZ PARACHUTISME whose registered office is located at n°10 Avenue Lénine 40220 TARNOS – Tel: 06 45 50 88 62 – RCS Dax B 524 609 260 – SIRET n° 52460926000012 Intracommunity VAT n° FR 765 246 092 60 APE 5110 Z

 

 

And on the other hand:

Persons wishing to make a purchase or reservation with AIR EVASION BIARRITZ PARACHUTISME, as a customer.

 

 

ARTICLE 1: PURPOSE AND SCOPE

1.1 These general terms and conditions govern the sale of all services or bookings presented on the site

www.airevasionbiarritzparachutisme.com

 

 

The parties agree that their relationship is exclusively governed by this contract, to the exclusion of any other condition.

The services or reservations offered for sale cannot be the subject of any transfer, of any nature whatsoever.

Any order duly placed with AIR EVASION BIARRITZ PARACHUTISME implies total and unreserved acceptance of these general conditions of sale.

If a condition is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their registered offices in France.

 

 

1.2 These general terms and conditions of sale apply to all sales of services by our company on its Internet site unless a specific agreement prior to the order has been agreed in writing between the parties.

 

 

1.3 Any document other than these general terms and conditions, in particular catalogues, prospectuses, advertising and notices, is for information purposes only and is not contractually binding. The photos and graphics presented on the website are only indicative and do not engage the responsibility of the seller.

 

 

ARTICLE 2: INTELLECTUAL PROPERTY

2.1 All texts, comments, illustrations and images reproduced on the www.airevasionbiarritzparachutisme. com website are reserved and are the exclusive property of AIR EVASION BIARRITZ PARACHUTISME or its suppliers and are protected under copyright and intellectual property law for the whole world and the drawings, models, patents, plans and in general all documents of any kind given or sent by AIR EVASION BIARRITZ PARACHUTISME to the customer, are the exclusive property of AIR EVASION BIARRITZ PARACHUTISME or its suppliers.

Consequently, the elements or documents quoted may only be used for strictly private purposes without the prior written authorisation of AIR EVASION BIARRITZ PARACHUTISME.

They may not therefore be executed or reproduced without the express, prior and written authorisation of AIR EVASION BIARRITZ PARACHUTISME, nor may they be the subject of any claim to intellectual property rights of any kind whatsoever.

The photo and video rights to the services provided during the jumps and services remain the property of AIR EVASION BIARRITZ PARACHUTISME. In this context, the customer is informed that his/her image may appear in the photos and videos on the site operated by AIR EVASION BIARRITZ PARACHUTISME.

 

 

ARTICLE 3: SALES AND SERVICES 

3.1 The services offered for sale by the company AIR EVASION BIARRITZ PARACHUTISME are those presented on the website www.airevasionbiarritzparachutisme.com and whose essential characteristics are described there. In accordance with article L.111.1 of the French Consumer Code, which stipulates that “any professional seller of goods or provider of services must, before the conclusion of the contract, enable the consumer to know the essential characteristics of the goods or service”. The AIR EVASION BIARRITZ PARACHUTISME company allows the customer, prior to placing any order, to request additional information that he or she may wish to obtain if he or she does not feel sufficiently informed by the description and characteristics of the services sold on the aforementioned site. However, it is the customer’s responsibility to check that the services ordered correspond to their needs and their intended purpose, the customer being solely responsible for the conformity of the services to the use for which they are intended.

 

 

3.2 AIR EVASION BIARRITZ PARACHUTISME does not guarantee under any circumstances that the services will be available for sale on a given date (cf. article 5).

 

 

Any complaint from the customer concerning an order for a service that cannot be carried out will be considered unfounded. In this case, AIR EVASION BIARRITZ PARACHUTISME undertakes to notify by e-mail or telephone any customer who has placed an order for a service that cannot be provided.

 

 

3.3 Gift tickets are non-refundable, but may, if necessary, be transferred provided that the name of the beneficiary has been communicated to Air Evasion Biarritz Parachutisme before the appointment is made. They are valid for one year from the date of issue, i.e. 7 working months, and must be presented on the day of the jump. The gift ticket entitles the purchaser to make a skydive during the period of validity, accepting the constraints associated with this.

The gift ticket will be sent via the company’s mailbox to the purchaser’s mailbox. If the validity date is exceeded, an extension of one season of jumps (1 time only) is possible for the sum of 100 euros, if it is purchased within 3 months of the expiry date and at the current rate.

 

 

ARTICLE 4: PRICES 

The price of the jump is indexed to the cost of living. Consequently, bookings made with a deposit of €100 or €150 per person are confirmed, but the price of the tandem skydive may vary according to current inflation.

 

 

4.1 Air Evasion Biarritz Parachutisme will issue the Customer with an invoice for the total amount of the service paid to Air Evasion Biarritz Parachutisme. The invoice is available by simple request made to the accounts department by e-mail.

The prices shown on the www.airevasionbiarritzparachutisme.com website are in euros and include all taxes.

Payments can be made by cheque (bank or holiday cheques) or by an online payment system, in both cases sending the booking form to the following address: AIR EVASION BIARRITZ PARACHUTISME n°10 Avenue Lénine 40220 TARNOS.

 

 

4.2 Credit cards are accepted on the drop zone.

 

 

4.3 All orders for services constitute acceptance of the prices.

 

 

4.4 AIR EVASION BIARRITZ PARACHUTISME suggests to its customers who wish a video report of their jump, to notify it on the reservation form and to carry out the payment at the same time as the deposit, or, of the purchase of the gift ticket.

 

 

4.5 Air transport liability insurance (Warsaw Convention) is included, covering the passenger, pre-jump training, specialist equipment provided and is for a tandem jump.

The deposit or the total payment for the jump, depending on the option, can be cashed before the jump takes place. AIR EVASION BIARRITZ PARACHUTISME can facilitate payment in two or three instalments to be cashed before the jump takes place.

 

 

4.6 CANCELLATION CONDITIONS

 

 

4.6.1 Any commercial refund granted by Air Evasion Biarritz Parachutisme of the sums agreed will be subject to a 25% deduction for administration costs.

 

 

4.6.2 Cancellation insurance of €50 is optional and offers you the possibility of being reimbursed for your costs up to the amount of your deposit. You must take out this insurance when you register.

 

 

 

 

 

Cover applies in the event of:

Death, serious bodily injury, serious illness of the passenger, his/her legal or de facto spouse, his/her ascendants or descendants up to the 2nd degree, fathers-in-law, mothers-in-law, brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, as well as any person usually living with the Member.

Death of the passenger’s uncles, aunts, nephews and nieces.

Serious damage caused by fire, explosion, water damage, or caused by the forces of nature to the passenger’s business or private premises and requiring his/her presence in order to take the necessary precautionary measures.

Theft from the passenger’s business or private premises, if this theft imperatively requires the passenger’s presence, and if it occurs in the 48 hours prior to departure.

Summons or event of an administrative or professional nature, on the express condition that the passenger was not aware of the date of one of the events listed below at the time of booking the trip or taking out this cover.

The passenger being summoned to appear before a court as a witness, as a juror or in proceedings for the adoption of a child.

Summoning the passenger to a hearing, expert appraisal or summary proceedings.

The passenger obtaining a job or an ANPE work placement provided that he/she is registered as unemployed, excluding contract extensions or renewals.

Redundancy of the passenger or his/her de facto or de jure spouse, covered by this same contract, provided that the procedure was not initiated prior to taking out the contract.

Non-disciplinary professional transfer of the passenger, imposed by the hierarchical authority and not requested by the passenger.

Cancellation or modification of the passenger’s paid holidays imposed by his/her employer, even though they had been granted by the employer before the passenger registered for the trip and took out this contract. This cover does not apply to members of a liberal profession, self-employed workers, company directors and legal representatives.

Theft of the passenger’s identity card or passport in the 48 hours prior to departure, preventing the passenger from satisfying border police formalities.

Contraindication or consequences of the passenger’s vaccination.

Cover is subject to the following provisions:

 

 

1. For accident and illness :

 

 

The following are excluded:

 

 

a – If a medical examination is not requested: the consequences of any accident or illness which was first diagnosed before the effective date of this contract;

 

 

b – When a medical examination is requested: the consequences of any accident or illness which has been the subject of medical reservations and/or which was not declared to the medical expert during the medical examination and of which the Insured was informed;

 

 

c – Practising a dangerous sport, aerial sports, bungee jumping, freestyle skiing and ski jumping, mechanical competitions even on an amateur basis, scuba diving, any sporting competition, unless declared in advance;

 

 

d – Use of narcotics or medicines not prescribed by a competent medical authority,

 

 

e – Alcoholism, a state of drunkenness characterised by a blood alcohol level above the limit set by the road traffic regulations in force in France on the day of the claim, when driving a vehicle. This level is limited to 0.80g/l of blood when he/she is not driving a vehicle.

 

 

f – Any psychological or psychiatric problems for which the insured is undergoing or will have to undergo treatment;

 

 

g – Fatigue and/or physical exhaustion not resulting from an illness;

 

 

h – The direct or indirect consequences of pregnancy, whether normal or pathological;

 

 

i – Any journey by air which is not made as a passenger on a scheduled airline or charter aircraft on a scheduled airline approved by the air traffic control authorities, unless approved by the Insurer.

 

 

j – Suicide or attempted suicide.

 

 

b – For family bereavement, cover is provided for :

 

 

Death of the INSURED’s ascendants, descendants and/or first-degree collaterals, spouse or notorious cohabitee, provided that the death occurs during the period of cover and that the deceased is under 75 years of age. However, the insured’s unavailability is limited to a maximum of 3 days. It should be noted that each member of the family is subject to the same conditions of cover and exclusion under this contract. Cover will commence on the day on which the INSURED becomes aware of the family bereavement.

 

 

ARTICLE 5: ORDERS, RESERVATIONS, POSTPONEMENTS

5.1 The customer interested in a service visible on the www.airevasionbiarritzparachutisme.com site follows the following process in order to place an order:

After making their choice (reservation or gift ticket), the customer must first fill in the reservation form (beware of false declarations regarding weight and height), validate the GTC and pay by credit card.

 

 

5.2 The reservation will only be taken into account once the deposit has been paid.

The customer may postpone the jump up to 8 days before the date of the appointment. Otherwise, the deposit or the total amount paid (in the case of a gift ticket) will be retained by AIR EVASION BIARRITZ PARACHUTISME. If a tandem parachute jump candidate withdraws less than 8 days before the planned date of the jump, the deposit will not be reimbursed.

On the day they are called to the jump, the tandem skydiver(s) must go to the reception desk to complete the usual formalities and also to weigh themselves dressed in order to calculate the aircraft’s centre of gravity. In the event of a false declaration on the booking form (different weight and height), the deposit or gift ticket will be lost definitively by the candidate. No refund will be made.

AIR EVASION BIARRITZ PARACHUTISME may postpone the jump at any time. It can be postponed for up to one year from the date of the first appointment or from the date of issue in the case of a gift ticket. The deposit is 150 euros per person (unless paid in full for a gift ticket).

If you are unable to jump on the day of booking, the deposit will be retained and the booking may be postponed for one year from the date of issue. After this period, the deposit remains the property of AIR EVASION BIARRITZ PARACHUTISME.

 

 

Under no circumstances will the deposit be reimbursed if the weather or any other major technical problem prevents the jumping session from taking place.

5.3 AIR EVASION BIARRITZ PARACHUTISME reserves the right to postpone a jump due to bad weather conditions, insufficient safety or any other case of force majeure. The decision to postpone may be taken just before take-off or during the flight. In this case, AIR EVASION BIARRITZ PARACHUTISME will not be liable for any travel or accommodation costs incurred by customers to get to the take-off site, and tickets will remain valid during their period of validity. In the event of the customer’s absence on the day of the jump and at the set time, the ticket or reservation will be considered to have been used up.

 

 

ARTICLE 6: ELECTION OF DOMICILE

AIR EVASION BIARRITZ PARACHUTISME declares that its registered office is at the following address: n°10 Avenue Lénine 40220 TARNOS.

 

 

ARTICLE 7: SPECIAL INSTRUCTIONS AND JUMP CONDITIONS

7.1 Special instructions:

You must not wear shoes with hooks for the jump. Your clothing must allow you to feel comfortable and must cover your limbs.

If you wear contact lenses, glasses or braces, you must inform us on the day of the jump. We cannot guarantee jumps at a fixed time, as the time communicated is indicative. However, please respect the timetable set by the organiser. Allow half a day or a full day for the jump to take place in good conditions.

We advise you to make your booking as soon as possible to benefit from the best choice of dates and times.

The customer will receive a text message the day before the jump, specifying the place and time. In response, the customer must validate this text message by mentioning their first and last name.

 

 

7.2 Jump conditions:

The jump depends on the weather conditions, the aircraft and the equipment used, all of which are closely linked to the safety of the jump. For this reason, the tandem pilot in charge of your jump may decide to postpone it at any time. The tandem pilot reserves the right to reduce the drop height in the event of weather or technical problems with the means of transport.

There is no minimum or maximum age for tandem skydiving with a professional skydiver, but height, weight (limited to 90kgs and a BMI between 16 and 28) and motivation criteria are taken into account by the tandem pilot. The pilot reserves the right to accept or refuse a passenger or any other person he deems unsuitable for the jump. In such cases, the deposit will not be refunded.

Minors must provide parental authorisation and be accompanied by at least one parent or guardian.

 

 

 

 

 

 

ARTICLE 8: MEDICAL FITNESS

8.1 For a tandem skydive with a professional skydiver, a medical certificate, although not compulsory, is recommended.

Do not hesitate to contact your family doctor and ask for a medical certificate stating that there is no contraindication to tandem skydiving.

You must be in good physical and mental health, not suffer from any infection or illness contraindicating this type of jump, not suffer from recurrent shoulder dislocation, joint problems in the lower limbs, spine, heart, ear, nose and throat, loss of consciousness, epilepsy, not have done any diving in the last 48 hours, and for women, not be pregnant.

Tandem skydiving, like any activity, can involve physical risks.

Do not consume alcohol or illegal substances in the 12 hours preceding the jump.

 

 

ARTICLE 9: JURISDICTION

By express agreement between the parties, the Commercial Court of DAX will have sole jurisdiction for any findings or proceedings relating to the execution or interjection of these general terms and conditions of sale. These are subject to French law.

 

 

ARTICLE 10: PERSONAL INFORMATION

AIR EVASION BIARRITZ PARACHUTISME undertakes not to communicate to third parties any information sent to it by the customer, as this information is confidential. The information will only be used by the internal services of AIR EVASION BIARRITZ PARACHUTISME to process the customer’s order.

In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify and oppose any personal data concerning him or her.

To do this, simply make a request online or by post, specifying the surname, first name, address and, if possible, the customer reference.